【為理發聲,問心無愧】 ——關於蘇嘉豪鄭明軒被指控加重違令罪的說明

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1. 去年5月,澳門基金會向廣州暨南大學捐款一億元人民幣,特首崔世安分別作為基金會信託委員會主席及大學副董事長,被公眾質疑「利益輸送」。新澳門學社於同月15日發起遊行要求「回水一億」、「特首下台」,並強烈要求改革基金會的資助制度,避免政府繼續濫用公帑。

2. 遊行結束後,包括本人在內的數人自行前往主教山特首官邸遞交信件,可惜無人接收。上山期間被指「非法集會」,警方要求離開並聲稱「否則將觸犯加重違令罪」,直至我等將信件摺成紙飛機放入官邸後和平散去。事後,我等強調遞信是遊行結束後的自由活動,既無標語,更無擴音設備,絕不屬於集會性質。

3. 同年7月,本人和時任學社理事長鄭明軒被治安警察局通知宣告成為嫌犯。本年3月,檢察院起訴我等加重違令罪,該罪名最高刑罰為兩年徒刑或240日罰金。及至6月,初級法院通知案件計劃於本年11月28日開審。

4. 基於本人在10月16日已宣誓就職立法會議員,根據《議員章程》第27條,議員若被刑事起訴三年以下徒刑的罪行,開審前,必須得到立法會許可暫停議員職務,否則刑事程序就必須暫停,直至議員任期結束。

5. 負責案件的法官於11月7日通知立法會主席,主席今日作出批示,並通知章程及任期委員會(主席為高開賢,委員包括崔世平、黃顯輝、柳智毅、黃潔貞、梁安琪、區錦新),委員會將於16日下午開會討論,最遲於20日向大會提交意見書,大會聽取意見後將擇日開會,以不記名方式議決是否暫停本人的議員職務。

6. 本人尊重上述立法會和法院的既有程序。但必須強調,我等一直不認同有加重違令罪的指控,當是時,我等依法表達涉及重大公共利益的意見,卻遭治安當局濫權起訴,明顯是遏制和侵犯《基本法》賦予的公民權利。

7. 現階段,懇請各位朋友對本人和鄭明軒存有信心,本人將一如過往28天,不負市民所託,堅決履行民選議員審議法律、監察政府、為公義發聲的責任,講真話、搏到盡,並捍衛作為直選代議士的尊嚴,向當局一切濫權行為說不。

集結希望,繼續前進!與澳門市民共勉。

蘇嘉豪
2017年11月13日
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【On the Charge of Aggravated Disobedience against Sulu Sou & Scott Chiang】

1. A donation of Mop 100,000,000 from the Macau Foundation to Jinan University was revealed to the public in May 2017. Chief Executive Fernando Chui faced allegation of collusion for being the chair of board of the foundation and vice dean of the university at the same time. New Macau Association took to the street on 15th of May for the demands of “Refund, Resign & Reform.”

2. After the protest ended, a handful of personnel including myself act on our own will to turn in papers of the mentioned demands to the Chief Executive residence. While no one from the residence received the papers, the few of us was accused of illegal assembly. The police demanded our immediate departure or considered committing aggravated disobedience. We peacefully left after we put the papers through the fence of residence in the form of paper planes. The action, as stressed at the time, was a spontaneous one after the protest which lack both signage and loudspeaking device. By no means it should be considered an assembly.

3. Later that year in July, then President of NMA Scott Chiang and I were declared suspects by the PSP. In March of 2017, the Public Prosecutions Office officially charged us for aggravated disobedience, which is punishable with imprisonment for up to two years or with a fine of up to 240 days. In June, the Court inform us that the case will be heard on 28/11 this year.

4. Since I have already sworn in as a Member of the Legislative Assembly last month, prosecution of offenses punishable with imprisonment of less than three years must be authorised by the Assembly. Otherwise, the criminal proceeding must suspend until one is no longer a deputy. But if the prosecution is authorized, my membership will be suspended at the same time.

5. The judge responsible for our case informed the President of the Legislative Assembly on 7/11. The President issued an order to direct the Committee of House Rules to hold meeting to discuss the matter, which will be held in the afternoon of 16/11, and to submit their opinion to the Assembly before 20/11 (Member of the Committee of House Rules: Kou Hoi In, Vong Hin Fai, Au Kam San, Chui Sai Peng Jose, Leong On Kei, Wong Kit Cheng, Lao Chi Ngai). The Assembly will then decide whether to suspend my membership by secret vote.

6. I fully respect the established procedure of the Assembly and the Court. However, it must be stressed that we do not agree and plead guilty to the charges of aggravated disobedience. We were expressing opinions about important public interest in accordance with the law. Yet, we face abusive prosecution by the authority. It is clearly a violation of the civil rights entitled by the Basic Law.

7. For now, I hope everyone retain your confidence in Scott Chiang and me. I will firmly continue to fulfil my duty as an elected lawmaker to debate bills, monitor the government and voice out for justice, just as what I have been doing in the last 28 days. I will defend the dignity of a representative of the people and resist to the abuse of power by the authority.

Sulu Sou
13/11/2017